It is hereby declared as the public policy of the City of West
Hollywood that it is necessary to protect and safeguard the rights
and opportunities of persons suffering from AIDS and AIDS-related
conditions, carriers of the virus that causes AIDS, and persons regarded
by others as having AIDS, to be free from discrimination in employment,
housing, business establishments, health care services, city facilities
and services, and other public services and public accommodations.
At the present time, federal and state laws protect persons
against discrimination on the Founds of race, religion, color, ancestry,
national origin, physical handicap, medical condition, age and sex.
These laws do not sufficiently protect against discrimination on the
ground that persons currently suffer from AIDS or AIDS-related conditions
or are carriers of the virus that causes AIDS, nor do they protect
persons discriminated against because they are regarded as having
or carrying AIDS, whether such perception is real or imaginary.
(Prior code § 4270; Ord. 85-77 § 2, 1985)
"AIDS"
shall mean the disease complex which occurs when an important
part of the human immune system is destroyed by the action of a virus
know as HTLV-III or LAV. Signs and symptoms of this disease complex
are manifested in the afflicted person by a series of virus or fungus-caused
illnesses of a chronic nature.
"AIDS-related condition"
shall mean the symptoms commonly associated with AIDS, including
malaise, weight loss, fevers, and swollen lymph nodes, which symptoms
constitute a mild version of immune system depression but which may
never develop into the chronic medical condition known as AIDS; and
includes persons carrying the virus that causes AIDS; and includes
persons who have been or are exposed to persons having AIDS or persons
carrying the virus that causes AIDS or persons regarded as having
or carrying the virus causing AIDS, whether such perception is real
or imaginary; and includes persons perceived as either having AIDS,
or as carrying the virus causing AIDS, or as having been exposed to
persons having or carrying AIDS, whether such perception is real or
imaginary.
"Business establishment"
shall mean and include any entity, however organized, which
furnishes goods or services to the general public. An otherwise qualifying
establishment which has membership requirements is considered to furnish
services to the general public if its membership requirements: (a)
consist only of payment of fees; (b) consist of requirements under
which a substantial portion of the residents of this city could qualify.
"Educational institution"
shall mean and include any institution of higher education,
vocational school, high school, or elementary school.
"Employee"
shall mean and include any person employed by an employer
as defined below.
"Employer"
shall mean and include any person regularly employing one
or more persons, or any person acting directly or indirectly as an
agent of an employer.
"Housing services"
shall mean services connected with the use or occupancy of
a rental unit including but not limited to, utilities (including light,
heat, water and telephone), ordinary repairs or replacement, and maintenance,
including painting. This term shall also include the provision of
elevator service, laundry facilities and privileges, common recreational
facilities, janitor service, resident manager, refuse removal, furnishings,
food service, parking and any other benefits, privileges or facilities.
"Person"
shall mean and include one or more individuals, partnerships,
associations, corporations, labor organizations, legal representatives,
trustees, trustees in bankruptcy, and receivers or other fiduciaries.
"Rent"
shall mean the consideration, including any bonus, benefits
or gratuity, demanded or received by a landlord for or in connection
with the use or occupancy of a rental unit, including but not limited
to moneys demanded or paid for the following: meals where required
by the landlord as a condition of the tenancy; parking; furnishings;
other housing services of any kind; subletting; or security deposits.
"Rental units"
shall mean all dwelling units, efficiency dwelling units,
guest rooms, suites, and dormitories in the City of West Hollywood,
rented or offered for rent for living or dwelling purposes, the land
and buildings appurtenant thereto and all housing services, privileges,
furnishings and facilities supplied in connection with the use or
occupancy thereof, including garage and parking facilities. This term
shall also include mobile homes, whether rent is paid for the mobile
homes and the land upon which the mobile home is located, or rent
is paid for the land alone. The term shall not include housing accommodations
which a government unit, agency or authority owns, operates, or manages,
or which are specifically exempted from municipal regulation by state
or federal law or administrative regulation.
(Prior code § 4271; Ord. 85-77 § 2, 1985)
a. Acts Prohibited. It shall be an unlawful employment practice
for any employer, employment agency or labor organization or any agent
or employee thereof to do or attempt to do any of the following:
1. Fail
or refuse to hire, or to discharge any person, or otherwise to discriminate
against any person with respect to compensation, terms, conditions
or privileges of employment on the basis (in whole or in part) that
such person has the medical condition AIDS or an AIDS-related condition.
2. Limit,
segregate or classify employees or applicants for employment in any
manner which would deprive or tend to deprive any person of employment
opportunities, or adversely affect his or her employment status on
the basis (in whole or in part) that such person has the medical condition
AIDS or an AIDS-related condition.
3. Fail
or refuse to refer for employment any person, or otherwise to discriminate
against any person on the basis (in whole or in part) that such person
has the medical condition AIDS or an AIDS-related condition.
4. Fail
or refuse to include in its membership or to otherwise discriminate
against any person; or to limit, segregate or classify its membership;
or to classify or fail or refuse to refer for employment any person
in any way which would deprive or tend to deprive such person of employment
opportunities, or otherwise adversely affect her or his status as
an employee or as an applicant for employment on the basis (in whole
or in part) that such person has the medical condition AIDS or an
AIDS-related condition.
5. Discriminate
against any person in admission to, or employment in, any program
established to provide apprenticeship or other training or retraining,
including any on-the-job training program on the basis (in whole or
in part) that such person has the medical condition AIDS or an AIDS-related
condition.
6. Make,
print, publish, or cause to be made, printed, or published any notice,
statement, sign, advertisement, application, or contract with regard
to employment that indicates any preference, limitation, or discrimination
with respect to the fact that a person has the medical condition AIDS
or an AIDS-related condition.
b. Exceptions.
1. Nothing
contained in this chapter shall be deemed to prohibit selection, rejection
or dismissal based upon a bona fide occupational qualification, provided
however that an employer shall make reasonable accommodation to the
AIDS-related physical handicap of an employee suffering from AIDS
or an AIDS-related condition if the employer knows of the AIDS-related
physical handicap, unless the employer can demonstrate that the accommodation
would impose an undue hardship.
2. It
shall not be an unlawful discriminatory practice for an employer to
observe the conditions of a bona fide employee benefit system, provided
such systems or plans are not a subterfuge to evade the purposes of
this chapter; provided further, that no such system shall provide
an excuse for failure to hire any person.
(Prior code § 4272; Ord. 85-77 § 2, 1985)
a. Acts Prohibited. It shall be unlawful for any person having
a housing accommodation for rent or lease, or any authorized agent
or employee of such person to do, or attempt to do, any of the following:
1. Refuse
to rent or lease a rental unit, refuse to negotiate for the rental
or lease of a rental unit, evict from a rental unit, or otherwise
deny to or withhold a rental unit from any person on the basis (in
whole or in part) that such person has the medical condition AIDS
or an AIDS-related condition.
2. Rent
or lease a rental unit on less favorable terms, conditions or privileges,
or discriminate in the provision of housing services to any person
on the basis (in whole or in part) that such person has the medical
condition AIDS or an AIDS-related condition.
3. Represent
to any person that a rental unit is not available for inspection,
rental or lease when such rental unit is, in fact, available, on the
basis (in whole or in part) that such person has the medical condition
AIDS or an AIDS-related condition.
4. Make,
print, publish, or cause to be made, printed, or published any notice,
statement, sign, advertisement, application, or contract with regard
to a rental unit that indicates any preference, limitation, or discrimination
with respect to the fact that a person has the medical condition AIDS
or an AIDS-related condition.
b. Exceptions.
1. Nothing
in this chapter shall be construed to apply to the rental or leasing
of any housing unit in which the owner or lessor or any member of
his or her family occupies the same living unit in common with the
prospective tenant
2. Nothing
in this chapter shall be deemed to permit any rental or occupancy
of any dwelling unit or commercial space otherwise prohibited by law.
3. Nothing
in this chapter shall override any just cause for eviction set forth
in the Rent Stabilization Ordinance.
4. Nothing
in this chapter shall be deemed to require the renting of units and/or
dormitories reserved for the housing of students to non-student persons
having the medical condition AIDS or an AIDS-related condition.
(Prior code § 4273; Ord. 85-77 § 2, 1985)
a. Act Prohibited. It shall be an unlawful business practice
for any person to deny any individual the full and equal enjoyment
of the goods, services, facilities, privileges, advantages and accommodations
of any business establishment including, but not limited to, medical,
dental, health care and convalescent services of any kind whatsoever,
restaurants, motels, hotels, and ambulance services, on the basis
(in whole or in part) that such person has the medical condition AIDS
or an AIDS-related condition.
It shall further be an unlawful practice for any person to make,
print, publish, or cause to be made, printed, or published any notice,
statement, sign, advertisement, application, or contract with regard
to the aforementioned businesses that indicates any preference, limitation,
or discrimination with respect to the fact that a person has the medical
condition AIDS or an AIDS-related condition.
b. Exceptions. Nothing in this chapter shall apply to any blood
bank, blood donation facility, sperm bank, sperm donation facility,
organ donation facility, surrogate mother or surrogate mother facility,
or to any like service facility or establishment engaged in the exchange
of products containing elements of blood or sperm.
(Prior code § 4274; Ord. 85-77 § 2, 1985)
a. Acts Prohibited. It shall be an unlawful practice for any
person to deny any person the full and equal enjoyment of, or to impose
different terms and conditions on the availability of any of the following:
1. Use
of any city facility or city service on the basis (in whole or in
part) that such person has the medical condition AIDS or an AIDS-related
condition.
2. Any
service, program or facility wholly or partially funded or otherwise
supported by the City of West Hollywood, on the basis (in whole or
in part) that such person has the medical condition AIDS or an AIDS-related
condition. This subsection shall not apply to any facility, service
or program which does not receive any assistance from the City of
West Hollywood which is not provided to the public generally.
It shall further be an unlawful practice for any person to make,
print, publish, or cause to be made, printed, or published any notice,
statement, sign, advertisement, application, or contract with regard
to any city facility or city service or any service, facility or program
wholly or partially funded or otherwise supported by the City of West
Hollywood that indicates any preference, limitation, or discrimination
with respect to the fact that a person has the medical condition AIDS
or an AIDS-related condition.
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(Prior code § 4275; Ord. 85-77 § 2, 1985)
a. Acts Prohibited. It shall be an unlawful educational practice
for any person to do any of the following:
1. To
deny admission, or to impose different terms or conditions on admission,
on the basis (in whole or in part) that such person has the medical
condition AIDS or an AIDS-related condition.
2. To
deny any individual the full and equal enjoyment of, or to impose
different terms or conditions upon the availability of, any facility
owned or operated by or any service or program offered by an educational
institution on the basis (in whole or in part) that such person has
the medical condition AIDS or an AIDS-related condition.
3. Make,
print, publish, or cause to be made, printed, or published any notice,
statement, sign, advertisement, application, or contract with regard
to an educational institution that indicates any preference, limitation,
or discrimination with respect to the fact that a person has the medical
condition AIDS or an AIDS-related condition.
b. Exceptions. It shall not be an unlawful discriminatory practice
for a religious or denominational institution to limit admission,
or give other preference to applicants of the same religion.
(Prior code § 4276; Ord. 85-77 § 2, 1985)
It shall be unlawful to make, print, publish, advertise or disseminate
in any way, or cause to be made, printed, published, advertised or
disseminated in any way, any notice, statement or advertisement with
respect to any of the acts mentioned in this chapter which indicates
an intent to engage in any unlawful practice as set forth in this
chapter.
(Prior code § 4277; Ord. 85-77 § 2, 1985)
It shall be an unlawful discriminatory practice to do any of
the acts mentioned in this chapter for any reason which would not
have been asserted, wholly or partially, but for the fact that the
person against whom such assertions are made has the medical condition
AIDS or an AIDS-related condition.
(Prior code § 4278; Ord. 85-77 § 2, 1985)
Any person who violates any of the provisions of this chapter
or who aids in the violation of any provisions of this chapter shall
be liable for, and the court shall award to the individual whose rights
are violated, actual damages, costs, attorney's fees, and not less
than $250 but not more than $10,000 in addition thereto. In addition,
the court may award punitive damages in a proper case.
(Prior code § 4279; Ord. 85-77 § 2, 1985)
a. Civil Action. Any aggrieved person may enforce the provisions
of this chapter by means of a civil action.
b. Injunction.
1. Any
person who commits, or proposes to commit, an act in violation of
this chapter may be enjoined therefrom by a court of competent jurisdiction.
2. Action
for injunction under this subsection may be brought by any aggrieved
person, by the City Attorney, or by any person or entity which will
fairly and adequately represent the interests of the protected individual
or class.
c. Nothing
in this chapter shall preclude any aggrieved person from seeking any
other remedy provided by law.
(Prior code § 4280; Ord. 85-77 § 2, 1985)
Actions under this chapter must be filed within one year of
the alleged discriminatory acts.
(Prior code § 4281; Ord. 85-77 § 2, 1985)
If any part or provision of this chapter or the application
thereof to any person or circumstance, is held invalid, the remainder
of the chapter, including the application of such part or provision
to other persons or circumstances, shall not be affected thereby and
shall continue in full force and effect. To this end, provisions of
this chapter are severable.
(Prior code § 4282; Ord. 85-77 § 2, 1985)